Bonano v. Sheahan et al
Filing
94
DECISION & ORDER denying 93 Motion for Reconsideration of the Court's 3/24/2021 Decision & Order 93 . Signed by Hon. Marian W. Payson on 5/3/2021. Copy of this Decision & Order sent by First Class Mail to plaintiff Michael Bonano on 5/3/2021 to his address of record. (KAH)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________
MICHAEL BONANO,
DECISION & ORDER
Plaintiff,
18-CV-6405G
v.
LOUIS E. TILLINGHAST, et al.,
Defendants.
_______________________________________
On March 24, 2021, I issued a decision on several of plaintiff’s then-pending
motions in the above-captioned matter. (Docket # 92). On April 26, 2021, Bonano filed a
motion seeking reconsideration of my decision on the grounds that I had misapprehended several
facts. (Docket # 93). “The standard for granting [a motion to reconsider] is strict, and
reconsideration will generally be denied unless the moving party can point to controlling
decisions or data that the court overlooked – matters, in other words, that might reasonably be
expected to alter the conclusion reached by the court.” Shrader v. CSX Transp., Inc., 70 F.3d
255, 257 (2d Cir. 1995) (citations omitted). If the moving party presents no legal authority or
facts that the court failed to consider, then the motion to reconsider should be denied. Id. (“a
motion to reconsider should not be granted where the moving party seeks solely to relitigate an
issue already decided”).
I have reviewed plaintiff’s motion in its entirety and conclude that he has not
alleged any new facts or law material to my previous determination.1 Nor do I find that I
1
In his motion, Bonano suggests that C.O. Lori Eastwood is or should be a defendant in this matter.
(Docket # 93 at 8). Of course, whether Eastwood is a party to this litigation was not addressed in my previous
decision and thus is not before me on this motion for reconsideration. Review of the docket suggests that Eastwood
was never served with a copy of the summons and complaint.
misapprehended or misstated any material facts in my previous decision. Accordingly, I decline
to reconsider my earlier decision.
For the reasons stated above, plaintiff’s motion to reconsider my March 24, 2021
Decision & Order (Docket # 93) is DENIED.
IT IS SO ORDERED.
s/Marian W. Payson
MARIAN W. PAYSON
United States Magistrate Judge
Dated: Rochester, New York
May 3, 2021
2
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